SAJJAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.
BAIL/4910/2025 · 2025-06-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143196 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143196 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34280 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4910 of 2025 Applicant :- Sajjad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned Additional Government Advocate for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.58 of 2025 under Section 3(1) U.P. Gangster and anti Social Activities (Prevention) Act 1986, Police Station Aliganj, District Ambedkar Nagar.
Learned counsel for the applicant submits that as per the gang chart, two cases have been shown against the applicant, and in both these cases, the applicant has already been enlarged on bail. The bail orders are on record as Annexures-3 and 4 to the bail application. Apart from these cases, there are nine additional cases registered against the applicant. Of these, the bail orders in six cases have been annexed as Annexure-5 to the bail application, and the details of the remaining three cases have been provided in paragraph 2 of the Supplementary Affidavit. The applicant has been in judicial custody since 29.03.2025. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid
facts as argued by the learned counsel for the applicant. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.The application is allowed. Let the applicant Sajjad, involved in aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 3.6.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench